Rule 62.1.Indicative Ruling on a Motion for Relief That Is Barred by a Pending Appeal
Last verified June 30, 2026
In one sentenceRule 62.1 lets a trial court, when a pending appeal strips it of authority to grant a motion, signal how it would rule — deferring or denying it, or stating it would grant it or that it raises a substantial issue — so the appeals court can remand.
(a)Relief Pending Appeal. If a timely motion is made for relief that the court lacks authority to grant because of an appeal that has been docketed and is pending, the court may:
(1)defer considering the motion;
(2)deny the motion; or
(3)state either that it would grant the motion if the court of appeals remands for that purpose or that the motion raises a substantial issue.
(b)Notice to the Court of Appeals. The movant must promptly notify the circuit clerk under Federal Rule of Appellate Procedure 12.1 if the district court states that it would grant the motion or that the motion raises a substantial issue.
(c)Remand. The district court may decide the motion if the court of appeals remands for that purpose.
End
Amendment History
(Added March 26, 2009, effective December 1, 2009.)
Plain-English Summary
Once a case is on appeal, the trial court generally loses authority over the matters being appealed. But a party may file a motion — for example, a Rule 60(b) motion — that the district court would like to grant yet cannot, because of the pending appeal. Rule 62.1 breaks that deadlock.
When such a motion is timely, the district court may do one of three things: defer considering it, deny it, or state that it would grant the motion if the court of appeals remands for that purpose — or that the motion raises a substantial issue. That signal, called an indicative ruling, lets the appellant ask the court of appeals to remand so the district court can act. The rule works together with the parallel appellate rule on remands.
Frequently Asked Questions
What is an indicative ruling?
A district court’s statement, under Rule 62.1, that it would grant a motion it currently lacks authority to grant because of a pending appeal — or that the motion raises a substantial issue — so the appeals court can remand.
What are the district court's three options when it can't act on a motion because of a pending appeal?
It may defer considering the motion, deny it, or state that it would grant the motion (or that the motion raises a substantial issue) if the court of appeals remands for that purpose.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official Federal Rules of Civil Procedure (Fed. R. Civ. P. 62.1), a public-domain work of the U.S. Government.
Prescribed by the United States Supreme Court under the Rules Enabling Act. The plain-English summary is original and written by us. Last verified June 30, 2026. ·
Official source
Also known as:FRCP 62.1Fed. R. Civ. P. 62.1indicative rulingmotion barred by a pending appeal